Benitez v. Mutual of America Life Insurance

and votes to reverse the judgment appealed from, grant the plaintiffs motion, deny the defendant’s cross motion, and modify the order accordingly with the following memorandum, with which S. Miller, J., concurs: The instant action seeks damages for personal injuries allegedly sustained on October 5, 1993 when the plaintiff, an employee of the second third-party defendant, Safeway Environmental Corporation (hereinafter Safeway), performing asbestos removal at the defendant’s premises, fell from a ladder. The action was commenced on or about December 12, 1994 against the owner of the premises,…